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Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)
....id loan and had executed a deed of mortgage dated 20.8.1997 mortgaging some property. Admittedly the bank instituted a suit for realisaiton of loan money and got a decree and that decree was put to execution vide Execution Case No.105 of 2002 of the 4th Court of Artha Rin Adalat, Dhaka. Admittedly......publishing auction proclamation fixing 30.7.2009 for selling out the mortgage property. Auction was held on 30.7.2009 and the property was purchased by Sanaullah and 3 others. The deed of sale was executed and registered by the bank (opposite party No.1) on 19.3.2009. 7. At that stage......No.1 granted a loan of Tk.900000/= (nine) lac in favour of M/S. Jashim Enterprise and another one. As against the said loan the opposite party Nos.6 and 7 stood as guarantor and executed a mortgage deed dated 20.8.1997 mortgaging the following properties:- District-Dhaka, Police Station-Demra, ..Category: Civil Law | Date: | Hits: 112
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ......ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ......that his wife had a business firm and she is able to discharge the work and there will be no problem if the works are given to the complainant. On good faith, the accused petitioner on the basis of a deed of contract supplied the works to the complainant along with sufficient cash and 10 (ten) blank..Category: Criminal Law | Date: | Hits: 99
Ms. Nurunnahar Begum Vs. Sheikh Moqbul Ahmed and others, 2009, 38 CLC (HCD)
....nected Civil Rule No.576 (f/m) of 2004 is made absolute. Send down the lower Court records at once. AKM Abdul Hakim, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ......nected Civil Rule No.576 (f/m) of 2004 is made absolute. Send down the lower Court records at once. AKM Abdul Hakim, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ......nected Civil Rule No.576 (f/m) of 2004 is made absolute. Send down the lower Court records at once. AKM Abdul Hakim, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ..Category: Civil Law | Date: | Hits: 136
State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)
....d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ......at P.W. Somed had a red Honda Motor Cycle who sold it at about 3 years ago to one Haider Ali and a receipt was executed in this connection which he attested. In cross‑examination he stated that the sale of the Honda took place after Eid, that the transaction took place at the house of seller Somed......f the price of the Honda Rezaul Karim was present. He denied the suggestion that he did not sell the Honda Motor Cycle to Md. Haider Ali on 16‑4‑90 and that to save himself he has created a false deed. 26. P.W.16 Jahurul Islam is another attesting witness of the receipt of the sale with respe..Category: Criminal Law | Date: | Hits: 131
Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and another, 2009, 38 CLC (HCD)
....scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ......scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ......oceedings alleging that the F.I.R. of the instant case does not disclose any offence as alleged and that the accused-petitioner and the informant are partners of a business concern upon executing a deed of partnership and that the profit of business as claimed by the informant can only be determin..Category: Criminal Law | Date: | Hits: 108
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
....der inform the Respondent No.10, Registrar of the same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ......panies Act, 1913, is show to have been set up with the primary objectives to purchase land, construct residential and/or commercial structures on the same and thereafter to offer the same by way of sale to the public at large as otherwise more fully described in the Objects Clause of the Memorandu......-Opposition is also the fact that the revised audit reports were necessary to rectify errors and omissions contained in the initial and original Audit Reports and that these revised reports shall indeed duly be placed before the company in AGM. The Counter-Affidavit on behalf of the Respondent Nos..Category: Company Law | Date: | Hits: 177
Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)
....ithout any order as to costs. Let the records of this case be sent down with a copy of this Judgment as expeditiously as possible. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 367. ......the alternative with a prayer for recovery of khas possession of the suit‑land if the plaintiff was found out of possession of the suit land. The plaintiff further prayed for a declaration that the sale held in certificate case Nos.201‑A of 1969‑70 and 207 of 1969‑70 was illegal, fraudulent,......ithout any order as to costs. Let the records of this case be sent down with a copy of this Judgment as expeditiously as possible. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 367. ..Category: Property Law | Date: | Hits: 113
Crown Maritime Co. (1) Ltd. Vs. Royal Boskalis Westminster NV and others, 2009, 38 CLC (HCD)
....f the other party. 21. Admittedly, a Memorandum of Agreement was entered into by respondent No.1 with the petitioner on 28-4-2006. At a subsequent period of time, more than two years after the execution of the aforesaid Memorandum of Agreement, respondent No. 2 executed another Agreement with......ld to respondent No.6. 20. From Annexure X of the application for vacating the order of direction, it appears that respondent No.2 entered into an agreement with respondent No.6 on 11-6-2008 for sale of the Goods located at Patenga and Fisheries Storage area. It appears from the aforesaid Agree......ordingly, the application for vacating the order of direction dated 28-1-2009 stands rejected. There will be no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 140. ..Category: Alternative Dispute Resolution | Date: | Hits: 632
.... suit was decreed ex-parte vide ex-party judgment and decree dated 7.6.2005 (decree signed on 16.6.2005). After obtaining the ex-parte judgment and decree the decree-holder-Bank put the decree into execution by filing Artha Jari Case No.281 of 2005 before the Artha Rin Adalat, 3rd Court, Dhaka.
......municate this judgment to the respondent No.2, Artha Rin Adalat No.3, Dhaka at once.
Zinat Ara J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 338; 18 BLT (HCD) (2010) 185.
......municate this judgment to the respondent No.2, Artha Rin Adalat No.3, Dhaka at once.
Zinat Ara J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 338; 18 BLT (HCD) (2010) 185.
..
Category: Civil Law | Date: | Hits: 127
Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)
..... 28. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ....... 28. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ......uted the land and accordingly Abdus Salam got 61/2 decimals of land from northwest portion and Abdul Kader got 61/2 decimals of land from north east. Subsequently Abdus Salam by a registered hebanama deed No.8236 dated 16.11.1989 transferred his portion to the plaintiff, who is in possession in th..Category: Civil Law | Date: | Hits: 181
Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)
.... decreed ex parte on 21.03.1999. Thereafter, the present petitioner filed an Execution Case No.3 of 1999 and the judgment debtor began to drag it on flimsy grounds. However during the pendency of the execution case the auction was held where bid money was raised to Tk. 5,25,00,000/- which was deposi......claim more than 3 times of the principal amount and accordingly he passed the impugned order dated 22.3.2009. Annexure-A to the petition allowing the decree-holder is realise only 1,50,00000/- out of sale proceed in terms of Section 47 of the Artha Rin Adalat Ain, 2003. 4. Challenging the legalit......ceipt of this order. 15. Let a copy of this judgment be sent to the concerned court at once for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 213. ..Category: Civil Law | Date: | Hits: 186
.... appeal is allowed without any order as to coasts.
Send down the lower Court records at once.
Nozrul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 321.
......rs, P.W.1 (plaintiff No.5) successfully narrated their case of Prescriptive adverse possession in the suit land since the time of their predecessor-in-interest Haji Asgar Ali. Exchange deed Ext.2 and sale deed Ext.3 in favour of theplaintiffs' predecessors have been corroborated by P.W.5, Moharar,......nd Imam Hosain sons of Hisabdi got the suit land. They transferred the same in favour of Asgor Ali Shikdar vide oral Heba-Bil-Ewaz in 1940 for their own interest and accordingly, on 7.2.1966 exchange deed being No.841 was executed and registered and Asgor Ali became the owner of suit land. He transf..
Category: Property Law | Date: | Hits: 105
S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)
.... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ...... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ...... "(1) No person shall purchase any immovable property for his own benefit in the name of another person. (2) Where the owner of any immovable property transfer or bequeaths it by a registered deed, it shall be presumed that he has disposed of his beneficial interest therein as specified in t..Category: Property Law | Date: | Hits: 134
People's Republic of Bangladesh Vs. Chairman, Court of Settlement and others, 1996, 25 CLC (HCD)
....on has no merit and the Rule is liable to be discharged. In the result, the Rule is discharged. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 560. ......on has no merit and the Rule is liable to be discharged. In the result, the Rule is discharged. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 560. ...... that, the case holding was leased out on 28‑1‑1960 to one Sadrul Haque, son of late Abdul Gafur by the then Government of East Pakistan subject to the terms and conditions laid down in the lease deed and the lessee constructed and re‑constructed the building thereon by taking loan from the Ho..Category: Property Law | Date: | Hits: 113
Ananda Charan Halder Vs. Shubhadra Bachar & others, 1989, 18 CLC (HCD)
....nt’s case is that the patta was executed by Jatri in favour of Subhadra for legal necessity and for a consideration of Tk. 900/- and the defendant is in possession of the suit land from the date of execution of the patta as such the plaintiff is not entitled to any decree. The learned Munsif dec......a reversioner as Jadab had no son. Defendant’s case is that she had purchased the suit land from Jatri, her mother who sold the same of legal necessity. Now the whole question is whether the said sale was for legal necessity or not. In this connection reference may be made to the case reported i......n record I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ..Category: Procedural Law | Date: | Hits: 81
State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)
....e trial court is hereby upheld and affirmed. Let the lower court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 440. ......e trial court is hereby upheld and affirmed. Let the lower court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 440. ....... This witness proved his signature in the seizure list as Exhibit 4/3. This witness further stated in his deposition that he gave the seized electric fan to the custody of one Kamal Chowdhury by a deed of custody. This witness proved the Deed of Custody as Exhibit-8. This witness further deposed ..Category: Criminal Law | Date: | Hits: 97
Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)
....e application seeking to injunction under Order 39 Rule 1 of the Code of Civil Procedure by the plaintiff in the suit also rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ...... money was fixed at Tk.50, 00,000/-out of which it was stipulated that Tk. 20,00,000/- would be paid as earnest money and after receipt of the rest Tk.30, 00,000/- they would execute and register a sale deed. Accordingly, the defendant No.1 issued a cheque for Tk.10, 00,000.00 to be drawn on from ......od of British Regime. After the State Acquisition and Tenancy Act came into being the suit property vested with the Government. The Deputy Commissioner, Chittagong settled the suit land by registered deed of settlement dated 02.05.1978 in favour of Zahurui Alam Chowdhury, the predecessor of the ..Category: Civil Law | Date: | Hits: 115
Kazi Shakhawat Hossain Vs. State, 2011, 40 CLC (HCD)
....o send a copy of the judgment and order along with lower courts records to the tribunal below for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ......e. It has come to our notice through the evidence of the witnesses that he is a van and rickshow pular type of person wherein his livelihood been physical labour. He is a poor person. Delivering with sale of such phensidyl as and when circumstances appeared. It does not seem unusual that such was al......o send a copy of the judgment and order along with lower courts records to the tribunal below for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ..Category: Criminal Law | Date: | Hits: 104
Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)
....opy of this order be forwarded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ......astly, it was renewed on 01.03.2006. Under the terms of the GSA Agreement, the company was to sell tickets for passenger and cargo flights operated by the petitioner and, upon collection of the sale proceeds, deposit the same in the petitioner's account after deduction of the GSA commission al......opy of this order be forwarded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ..Category: Company Law | Date: | Hits: 164
Intertek Testing Service International Ltd. Vs. Md. Monowar Hossain, 2011, 40 CLC (HCD)
....urt, Dhaka in Money Suit No.11l of 2007 is maintained. The trial court concerned, will, however, expedite the trial of the suit. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 409. ......as been also contented the imported goods of the plaintiff arrived at Chittagong Port on 17.3.2002 and the plaintiff was constrained to take delivery of the goods on 28.02.2002 for stopping auction sale of the goods on payment of excess duties and charges at penal rate and the plaintiff had to p......urt, Dhaka in Money Suit No.11l of 2007 is maintained. The trial court concerned, will, however, expedite the trial of the suit. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 409. ..Category: Fiscal/Taxation Law | Date: | Hits: 156
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